In this case of altercation leading to assault by 21 accused (including appellants herein) using deadly weapons resulting in death of one and injuries to others, fatal injury on deceased were caused by hard and blunt weapon on left parietal bone but, held, there was no injury corresponding to weapons used by four accused. As found by courts below, there was contradiction between oral testimony of witnesses and medical evidence in this regard. Therefore, appellants were held liable to be convicted under Ss. 326/149 instead of Ss. 302/149as there was abundant evidence on record to show that appellants attacked deceased and injured witnesses with deadly weapons. Further, conviction of appellants under Ss. 325/149, 324/149 and 323/149 was confirmed.

[Viram v. State of M.P., (2022) 1 SCC 341]

Leave a Reply

Your email address will not be published. Required fields are marked *

error: Do not copy the content of this website.

Terms And condition

The rules of the Bar Council of India prohibit law firms from soliciting work or advertising in any manner. By clicking on ‘I AGREE’, the user acknowledges that:

  1. The user wishes to gain more information about Re Legal, its practice areas for his/her own information and use
  2. That the information provided in the website is only for personal use or reference of the visitor and is provided only on his/her specific request.
  3. That the material available for downloading on the website and other information provided on the website would not create any lawyer-client relationship.
  4. That we are not responsible for any consequence of any action taken by the user relying on material/information provided under this website.
  5. That in case the visitor has any legal issues; he or she should seek independent legal advice.

The information provided under this website is for informational purposes only and solely available at your request. It should not be interpreted as soliciting or advertising.